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PRESIDENTIAL DECREE
NO. 1067

December 31,
1976

THE WATER CODE
OF THE
PHILIPPINES

A DECREE
INSTITUTING
A WATER CODE, THEREBY REVISING AND CONSOLIDATING THE LAWS GOVERNING THE
OWNERSHIP, APPROPRIATION, UTILIZATION, EXPLOITATION, DEVELOPMENT,
CONSERVATION
AND PROTECTION OF WATER RESOURCES.

WHEREAS, Article
XIV, Section 8 of the New Constitution of the Philippines provides, inter
alia, that all waters of the Philippines belong to the State;

WHEREAS, existing
water legislations are piecemeal inadequate to cope with increasing
scarcity
of water and changing patterns of water use;

WHEREAS, there is
a need for a Water Code based on rational concepts of integrated and
multi-purpose
management of water resources and sufficiently flexible to adequately
meet
future developments:chanroblesvirtuallawlibrary

WHEREAS, water is
vital national development and it has become increasingly necessary for
government to intervene actively in improving the management of water
resources;

NOW, THEREFORE, I,
FERDINAND, E. MARCOS, President of the Philippines, by virtue of the
powers
in me vested by the Constitution, do hereby orders and decree the
enactment
of the water Code of the Philippines of 1776, as follows:chanroblesvirtuallawlibrary

CHAPTER I

DECLARATION OF
OBJECTIVES
AND PRINCIPLES

Article 1. This Code
shall
be known as "The Water Code of the Philippines."

Article 2. The objectives
of this Code are:chanroblesvirtuallawlibrary

a. To
establish
the basic principles and framework relating to the appropriation,
control
and conservation of water resources to achieve the optimum development
and rational utilization of these resources;

b. To define the
extent of
the rights and obligation of water users and owners including the
protection
and regulation of such rights;

c. To adopt a basic
law governing
the ownership, appropriation, utilization, exploitation, development,
conservation
and protection of water resources and rights to land related thereto;
and

d. To identify the
administrative
agencies which will enforce this Code.

Art. 3. The underlying
principles
of this code are:chanroblesvirtuallawlibrary

a. All
waters belong
to the State.

b. All waters that
belong
to the state can not be the subject to acquisitive prescription.

c. The State may
allow the
use or development of waters by administration concession.

d. The utilization,
exploitation,
development, conservation and protection of water resources shall be
subject
to the control and regulation of the government through the National
Water
Resources Council, hereinafter referred to as the Council.

e. Preference in
the use
and development of waters shall consider current usages and be
responsive
to the changing needs of the country.

Art. 4. Waters, as used
in this
Code, refers to water under the grounds, water above the ground, water
in the atmosphere and the waters of the sea within the territorial
jurisdiction
of the Philippines.cralaw.

CHAPTER II

OWNERSHIP OF
WATERS

Art. 5. The following
belong
to the state:chanroblesvirtuallawlibrary

a. Rivers
and their
natural beds;

b. Continuous or
intermittent
waters of springs and brooks running in their natural beds and the beds
themselves

c. Natural lakes
and lagoons;

d. All other
categories of
surface waters such as water flowing over lands, water form rainfall
whether
natural or artificial, and water from agriculture runoff, seepage and
drainage;

e. Atmospheric
water;

f. subterranean or
ground
water; and

g. Seawater

Art. 6. The following
waters
found on private lands also belong to the States:chanroblesvirtuallawlibrary

a.
Continuous or
intermittent waters rising on such lands;

b. Lakes and
lagoons naturally
waters rising on such lands;

c. Rain water and
falling
on such lands;

d. Subterranean or
ground
waters; and,

e. Waters in swamps
and marshes.

The owner of the land
where
the water is found may use the same for domestic purposes without
securing
a permit, provided that such use shall have be registered, when
required
by the Council. The Council, however, may regulate such use when there
is wastage, or in times of emergency.chanrobles virtualawlibrary

Art. 7. Subject to the provisions
of this Code, any person who captures or collects water by means of
cisterns,
tanks, or pools shall have exclusive control over such water and the
right
to dispose of the same.

Art. 8. Water legally appropriated
shall be subject to the control of the appropriator from the moment it
reaches the appropriator's canal or aqueduct leading to the place where
the water will be used or stored and, thereafter, so long as it is
being
beneficially used for the purposes for which it was appropriated.

CHAPTER III

APPROPRIATION OF
WATERS

Art. 9. Waters may be
appropriated
and used in accordance with the provisions of this Code.chanrobles virtualawlibrary

Appropriation of water, as
used in this Code, is the acquisition of rights over the use of waters
or the taking or diverting of waters from a natural source in the
manner
and for any purpose allowed by law.

Art. 10. Water may be appropriated
for the following purposes:chanroblesvirtuallawlibrary

a. Domestic;

b. Municipal;

c. Irrigation;

d. Power generation;

e. Fisheries;

f. Livestock
raising;

g. Industrial;

h. Recreational; and

i. Other purposes;

Use of water for
domestic purposes
is the utilization of water for drinking, washing, bathing, cooking or
other household needs, home gardens, and watering or lawns or domestic
animals.chanrobles virtualawlibrary

Use of water for municipal
purposes is the utilization of water for supplying the water
requirements
of the community.

Use of water for irrigation
is the utilization of water for producing agricultural crops.

Use of water for power generation
is the utilization of water for producing electrical or mechanical
power.

Use of water for power fisheries
is the utilization of water for the propagation and culture of fish as
a commercial enterprise

Use of water for livestock
raising is the utilization of water for large herds or flocks of
animals
raised as a commercial enterprise.

Use of water for industrial
purposes is the utilization of water in factories, industrial plants
and
mines, including the use of water as an ingredient of a finished
product.

Use of water for recreational
purposes is the utilization of water for swimming pools, bath houses,
boating,
water skiing, golf courses and other similar facilities in resorts and
other places of recreation.

Art. 11. The state, for reasons
of public policy, may declare waters not previously appropriated, in
whole
or in part, exempt from appropriation for any or all purposes and,
thereupon,
such waters may not be appropriated for those purposes.

Art. 12. Waters appropriated
for a particular purpose may be applied for another purpose only upon
prior
approval of the Council and on condition that the new use does not
unduly
prejudice the rights of other permittees, or require an increase in the
volume of water.

Art. 13. Except as otherwise
herein provided, no person, including government instrumentalities or
government-owned
or controlled corporations, shall appropriate water without a water
right,
which shall be evidenced by a document known as a water permit.

Water rights is the privilege
granted by the government to appropriate and use water.

Art. 14. Subject to the provisions
of this Code concerning the control, protection, conservation, and
regulation
of the appropriation and use of waters, any person may appropriate or
use
natural bodies of water without securing a water permit for any of the
following.

a.
Appropriation
of water by means of hand carried receptacles; and

b. Bathing or
washing, watering
or dipping of domestic or farm animals, and navigation of watercrafts
or
transportation of logs and other objects by flotation.

Art. 15. Only citizens
of the
Philippines, of legal age, as well as juridical persons, who are duly
qualified
by law to exploit and develop water resources, may apply for water
permits.chanrobles virtualawlibrary

Art. 16. Any person who desires
to obtain a water permit shall file an application with the Council who
shall make known said application to the public for any protests.

In determining whether to
grant or deny an application, the Council shall consider the following:
protests filed, if any; prior permits granted; the availability of
water;
the water supply need for beneficial use; possible adverse effects;
land-use
economics; and other relevant factors.

Upon approval of an application,
a water permit shall be issued and recorded.

Art. 17. The right to the
use of water is deemed acquired as of the date of filing of the
application
for a water permit in case of approved permits, or as of the date of
actual
use in a case where no permit is required.

Art. 18. All water permits
granted shall be subject to conditions of beneficial use, adequate
standards
of design and construction, and such other terms and conditions as may
be imposed by the Council.

Such permits shall specify
the maximum amount of water which may be diverted or withdrawn, the
maximum
rate diversion or withdrawal, the time or times during the year when
water
may be diverted or withdrawn, the points or points of diversion or
location
of wells, the place of use, the purpose for which water may be used and
such other requirements the Council deems desirable.

Art. 19. Water rights may
be lent or transferred in whole or in part to another person with prior
approval of the Council, after due notice and hearing.

Art. 20. The measure and
limit of appropriation of water shall be beneficial use.

Beneficial use of water is
the utilization of water in the right amount during the period that the
water is needed for producing the benefits for which the water is
appropriated.

Art. 21. Standards of beneficial
use shall be prescribed by the council for the appropriator of water
for
different purposes and conditions, and the use of waters which are
appropriated
shall be measured and controlled in accordance therewith.

Excepting those for domestic
use, every appropriator of water shall maintain water control and
measuring
devices, and keep records or water withdrawal. When required by the
council,
all appropriators of water shall furnish information on water use.

Art. 22. Between two or more
appropriation of water from the same sources of supply, priority in
time
of appropriation shall give the better right, except that in times of
emergency,
the use of water for domestic and municipal purposes shall have a
better
fight over all other uses; Provided, That where water shortage is
recurrent
and the appropriator for municipal use has a lower priority in time of
appropriation, them it shall be his duty to find an alternative source
of supply in accordance with conditions prescribed by the Council.

Art. 23. Priorities may be
altered on grounds of greater beneficial use, multi-purpose use, and
other
similar grounds after due notice and hearing, subject to payment of
compensation
is proper cases.

Art. 24. A water right shall
be exercised in such a manner that rights of third persons or of other
appropriators are not prejudiced thereby.

Art. 25. A holder of a water
permit may demand the establishment of easements necessary for the
construction
and maintenance of the works and facilities needed for the beneficial
use
of the waters to be appropriated subject to the requirements of just
compensation
and to the following conditions:chanroblesvirtuallawlibrary

a. That he
is the
owner, lessee, mortgage or one having real right over the land upon
which
he purposes to use water; and

b. That the
proposed easement
is the most convenient and the least onerous to the servient estate.

Easement relating to the
appropriation
and use of waters may be modified be agreement of the contracting
parties
provided the same is not contrary to law or prejudicial to third
persons.chanrobles virtualawlibrary

Art. 26. Where water shortage
is recurrent, the use of the water pursuant to a permit may, in the
interest
of equitable distribution of benefits among legal appropriators, be
reduced
after due notice and hearing.

Art. 27. Water users shall
bear the diminution of any water supply due to natural causes or force
majeure.

Art. 28. Water permits shall
continue to be valid as long as water is beneficially used; however, it
maybe suspended on the grounds of non-compliance with approved plans
and
specifications or schedules of water distribution; use of water for a
purpose
other than that for which it was granted; non-payment of water charges,
wastage; failure to keep records of water diversion, when required; and
violation of any term or condition of any permit or of rules and
regulations
promulgated by the Council.

Temporary permits may be
issued for the appropriation and use of water for short periods under
special
circumstances.

Art. 29. Water permits may
be revoked after due notice and hearing on grounds of non-use; gross
violation
of the conditions imposed in the permit; unauthorized sale of water;
willful
failure or refusal to comply with rules and regulations or any lawful
order;
pollution, public nuisance or acts detrimental to public health and
safety;
when the appropriator is found to be disqualified under the law to
exploit
and develop natural resources of the Philippines; when, in the case of
irrigation, the land is converted to non-agricultural purposes; and
other
similar grounds.

Art. 30. All water permits
are subject to modification or cancellation by the Council, after due
notice
and hearing, in favor of a project of greater beneficial use or for
multi-purpose
development, and a water permittee who suffers thereby shall be duly
compensated
by the entity or person in whose favor the cancellation was made.

CHAPTER IV

UTILIZATION OF
WATERS

Art. 31. Preference in
the
development of water resources shall consider security of the State,
multiple
use, beneficial effects, adverse effects and cost of development.chanrobles virtualawlibrary

Art. 32. The utilization
of subterranean or ground water shall be coordinated with that of
surface
waters such as rivers, streams, springs and lakes, so that a superior
right
in one is not adversely affected by an inferior right in the other.

For this purpose, the Council
shall promulgate rules and regulations and declare the existence of
control
areas for the coordinated development, protection, and utilization of
subterranean
or ground water and surface waters.

Control area is an area of
land where subterranean or ground water and surface water are so
interrelated
that withdrawal and use in one similarly affects the other. The
boundary
of a control area may be altered from time to time, as circumstances
warrant.

Art. 33. Water contained
in open canals, aqueducts or reservoirs of private persons may be used
by any person for domestic purpose or for watering plants as long as
the
water withdrawn by manual methods without checking the stream or
damaging
the canal, aqueduct or reservoir; Provided, That this right may be
restricted
by the owner should it result in loss or injury to him.

Art. 34. A water permittee
or appropriator may use any watercourse to convey water to another
point
in the watercourse for the purpose stated in a permit and such water
may
be diverted or recaptured at that point by said permittee in the same
amount
less allowance for normal losses in transit

Art. 35. Works for the storage,
diversion, distribution and utilization of water resources shall
contain
adequate provision for the prevention and control of diseases that may
be induced or spread by such works when required by the Council.

Art. 36. When the reuse of
waste water is feasible, it shall limited as much as possible to such
uses
other than direction human consumption. No person or agency shall
distribute
such water for public consumption until it is demonstrated that such
consumption
will not adversely affect the health and safety of the public.

Art. 37. In the construction
and operation of hydraulic works, due consideration shall be given to
the
preservation of scenic places and historical relics and in addition to
the provisions of existing laws, no works that would required the
destruction
or removal of such places or relics shall be undertaken without showing
that the destruction or removal is necessary and unavoidable.

Art. 38. Authority for the
construction of dams, bridges and other structures across of which may
interfere with the flow of navigable or floatable waterways shall first
be secured from the Department of Public Works, Transportation and
Communications.

Art. 39. Except in cases
of emergency to save life or property, the construction or repair of
the
following works shall be undertaken only after the plans and
specifications
therefore, as may be required by the Council, are approved by the
proper
government agency; dams for the diversion or storage of water;
structures
for the use of water power; installations for the utilization of
subterranean
or ground water and other structures for utilization of water resources.

Art 40. No excavation for
the purpose of emission of a hot spring or for the enlargement of the
existing
opening thereof shall be made without prior permit.

Any person or agency who
intends to develop a hot spring for human consumption must first obtain
a permit from the Department of Health.

Art. 41. No person shall
develop a stream, lake, or spring for recreational purposes without
first
securing a permit from the council.

Art. 42. Unless otherwise
ordered by the President of the Philippines and only in times of
national
calamity or emergency, no person shall induce or restrain rainfall by
any
method such as cloud seeding without a permit from the proper
government
agency.

Art. 43. No person shall
raise or lower the water level of a river, stream, lake, lagoon or
marsh
nor drain the same without a permit.

Art. 44. Drainage systems
shall be so constructed that their outlets are rivers, lakes, the sea,
natural bodies of water, such other water course as any be approved by
the proper government agency.

Art. 45. When a drainage
channel is constructed by a number of persons for their common benefit,
cost of construction and maintenance of the channel be borne by each in
proportion to the benefits derived.

Art. 46. When artificial
means are employed to drain water from higher to lower land, the owner
of the higher land shall select the routes and methods of drainage that
will cause the minimum damage to the lower lands, subject to the
requirements
of just compensation.

Art. 47. When the use, conveyance
or storage of water results in damage to another, the person
responsible
for the damage shall pay compensation.

Art. 48. When a water resources
project interferes with the access of landowner to a portion of his
property
or with the conveyance of irrigation or drainage water, the person or
agency
constructing the project shall bear the cost of construction and
maintenance
of the bridges, flumes and other structures necessary for maintaining
access,
irrigation, or drainage in addition to paying compensation for land and
incidental damages.

Art. 49. Any person having
an easement for an aqueduct may enter upon the servient land for the
purpose
of cleaning, repairing or replacing the aqueduct or the removal of
obstructions
therefrom.

Art. 50. Lower estates are
obliged to receive the waters which naturally and without the
intervention
of man flow from the higher estates, as well as the stones or earth
which
they carry with them.

The owner of the lower estate
can not construct works which will impede this natural flow, unless he
provides an alternative method of drainage; neither can the owner of
the
higher estate make works which will increase this natural flow.

Act. 51. The banks or rivers
and streams and the shores of the seas and lakes throughout their
entire
length and within a zone of three (3) meters in urban areas, twenty
(20)
meters in agricultural areas and forty (40) meters in forest areas,
along
their margins, are subject to the easement of public use in the
interest
of recreation, navigation, flotage, fishing and salvage. No person
shall
be allowed to stay in this zone longer than what is necessary for
recreation,
navigation, flotage, fishing or salvage or to build structures of any
kind.

Art. 52. The establishment,
extent, from, and conditions of easement of water not expressly
determined
by the provisions of this Code shall governed by the provisions of the
Civil Code.

CHAPTER V

CONTROL OF WATERS

Art. 53. To promote the
best interest and the coordinated protection of flood plain lands, the
Secretary of Public Works, Transportation and Communications may
declare
flood control areas and promulgate guidelines for governing flood plain
management plans in these areas.chanrobles virtualawlibrary

Art. 54. In declare flood
control areas, rules and regulations may be promulgate to prohibit or
control
activities that may damage or cause deterioration of lakes and dikes,
obstruct
the flow of water, change the natural flow of the river, increase flood
losses or aggravate flood problems.

Art. 55. The government may
construction necessary flood control structures in declared flood
control
areas, and for this purpose it shall have a legal easement as wide as
may
be needed along and adjacent to the river bank and outside the bed or
channel
of the river.

Art. 56. River beds, sand
bars and tidal flats may not be cultivated except upon prior permission
from the Secretary of the Department of Public works, Transportation
and
Communication and such permission shall not be granted where such
cultivation
obstructs the flow of water or increase flood levels so as to cause
damage
to other areas.

Art. 57. Any person may erect
levees or revetments to protect his property from flood, encroachment
by
the river or change in the course of the river, provided that such
constructions
does not cause damage to the property of another.

Art. 58. When a river or
stream suddenly changes its course to traverse private lands, the
owners
or the affected lands may not compel the government to restore the
river
to its former bed; nor can they restrain the government from taking
steps
to revert the river or stream to its former course. The owners of the
lands
thus affected are not entitled to compensation for any damage sustained
thereby. However, the former owners of the new bed shall be the owners
of the abandoned bed proportion to the area lost by each.

The owners of the affected
lands may undertake to return the river or stream to its old bed at
their
own expense; Provided, That a permit therefore is secured from the
Secretary
of Public Works, Transportation and Communication and work pertaining
thereto
are commenced within two years from the changes in the course of the
river
or stream.

Art. 59. Rivers, lakes and
lagoons may, upon the recommendation of the Philippines Coast Guard, be
declared navigable either in whole or in part.

Art. 60. The rafting of logs
and other objects on rivers and lakes which are floatable may be
controlled
or prohibited during designated season of the year with due regard to
the
needs of irrigation and domestic water supply and other uses of water.

Art. 61. The impounding of
water in ponds or reservoirs may be prohibited by the Council upon
consultation
with the Department of Health if it is dangerous to public health, or
it
may order that such pond or reservoirs be drained if such is necessary
for the protection of public health.

Art. 62. Waters of a stream
may be stored in a reservoir by a permittee in such amount as will not
prejudices the right of any permittee downstream. Whoever operates the
reservoir shall, when required, release water for minimum stream flow.

All reservoir operations
shall be subject to rules and regulations issued by the Council or any
proper government agency.

Art. 63. The operator of
a dam for the storage of water may be required to employ an engineer
possessing
qualifications prescribed for the proper operations, maintenance and
administration
of the dam.

Art. 64. The Council shall
approve the manner, location, depth, and spacing in which borings for
subterranean
or ground water may be made, determine the requirements for the
registration
of every boring or alteration to existing borings as well as other
control
measures for the exploitation of subterranean or ground water
resources,
and in coordination with the Professional Regulation Commission
prescribe
the qualifications of those who would drill such borings.

No person shall drill a well
without prior permission from the Council.

Art. 65. Water from one river
basin may be transferred to another river basin only with approval of
the
Council. In considering any request for such transfer, the Council
shall
take into account the full costs of the transfer, the benefits that
would
accrue to the basin of origin without the transfer, the benefits would
accrue to the receiving basin on account of the transfer, alternative
schemes
for supplying water to the receiving basin, and other relevant favors.

CHAPTER VI

CONSERVATION AND
PROTECTION
OF WATERS AND

WATERSHEDS AND
RELATED
LAND RESOURCES

Art. 66. After due
notice
and hearing when warranted by circumstances, minimum stream flows for
rivers
and streams and minimum water levels for lakes may be established by
the
Council under such conditions as may be necessary for the protection of
the environment, control of pollution, navigation, prevention of salt
damage,
and general public use.chanrobles virtualawlibrary

Art. 67. Any watershed or
any area of land adjacent to any surface water or overlying any ground
water may be declared by the Department of Natural Resources (DENR) as
a protected area. Rules and regulations may be promulgated by such
Department
to prohibit or control such activities by the owners or occupants
thereof
within the protected area which may damage or cause the deterioration
of
the surface water or ground water or interfere with the investigation,
use, control, protection, management or administration of such waters.

Art. 68. It shall be the
duty of any person in control of a well to prevent the water from
flowing
on the surface of the land, or into any surface water, or any porous
stratum
underneath the surface without being beneficially used.

Art. 69. It shall be the
duty of any person in control of a well containing water with minerals
or other substances injurious to man, animals, agriculture, and
vegetation
to prevent such waters from flowing on the surface of the land or into
any surface water or into any other aquifer or porous stratum.

Art. 70. No person shall
utilize an existing well or pond or spread waters for recharging
subterranean
or ground water supplies without prior permission of the Council.

Art. 71. To promote better
water conservation and usage for irrigation purposes, the merger of
irrigation
associations and the appropriation of waters by associations instead of
by individuals shall be encouraged.

No water permit shall be
granted to an individual when his water requirement can be supplied
through
an irrigation association.

Art. 72. In the consideration
of a proposed water resource project, due regard shall be given to
ecological
changes resulting from the construction of the project in order to
balance
the needs of development and the protection of the environment.

Art. 73. The conservation
of fish ad wild life shall receive proper consideration ad shall be
coordinated
with other features of water resources development programs to insure
that
fish and wildlife values receive equal attention with other project
purposes.

Art. 74. Swamps and marshes
which are owned by the State and which have a primary value for
waterfowl
propagation or other wildlife purposes may be reserved and protected
from
drainage operations and development.

Art. 75. No person shall,
without prior permission from the National Pollution Control
Commission,
build any works that may produce dangerous or noxious substance or
perform
any act which may result in the introduction of sewage, industrial
waste,
or any pollutant into any source of water supply.

Water pollution is the impairment
of the quality of water beyond a certain standard. This standard may
vary
according to the use of the water and shall be set by the National
Pollution
Control Commission.

Art. 76. The establishment
of cemeteries and waste disposal areas that may affect the source of a
water supply or a reservoir for domestic or municipal use shall be
subject
to the rules and regulations promulgated by the Department or Health.

Art. 77. Tailings from mining
operations and sediments from placer mining shall not be dumped into
rivers
and waterways without prior permission from the Council upon
recommendation
be the National Pollution Control Commission.Art. 78. The application
of agriculture fertilizers and pesticides may be prohibited or
regulated
by the National Pollution Control Commission in areas where such
application
may cause pollution of a source of water supply.

CHAPTER VII

ADMINISTRATION
OF WATERS
AND ENFORCEMENT

OF THE
PROVISIONS OF
THIS CODE

Art. 79. The
Administration
and enforcement of the provisions of this Code, including the granting
of permits and the imposition of penalties for administrative
violations
hereof, are hereby vested in the council, and except in regard to those
functions which under this Code are specifically conferred upon other
agencies
of the government, the Council is hereby empowered to make all
decisions
and determinations provided for in this Code.chanrobles virtualawlibrary

Art. 80. The Council may
deputize any official or agency of the government to perform any of its
specific functions or activities.

Art. 81. The Council shall
provide a continuing program for data collection, research and manpower
development need for the appropriation, utilization, exploitation,
conservation,
and protection of the water resources of the country.

Art. 82. In the implementation
of the provisions of this Code, the Council shall promulgate the
necessary
rules and regulations which may provide for penalties consisting of a
fine
not exceeding One thousand Pesos (P1,000.00) and/or suspension or
revocation
of the water permit or other right to the use of water. Violations of
such
rules and regulations may be administratively dealt with by the Council.

Such rules and regulations
shall take effect fifteen (15) days after publication in newspapers of
general circulation.

Rules and regulations prescribed
by any government agency that pertain to the utilization, exploitation,
development, control, conservation, or protection of water resources
shall,
if the council so requires, be subject to its approval.

Art. 83. The Council is hereby
authorized to impose and collect reasonable fees or charges for water
resources
development from water appropriators, except when it is for purely
domestic
purpose.

Art. 84. The Council and
other agencies authorized to enforce this Code are empowered to enter
upon
private lands, with previous notice to the owner, for the purpose of
conducting
surveys and hydrologic investigations, and to perform such other acts
as
are necessary in carrying out their functions including the power to
exercise
the right of eminent domain.

Art. 85. No program or project
involving the appropriation, utilization, exploitation, development,
control,
conservation, or protection of water resources may be undertaken
without
prior approval of the Council, except those which the council may, in
its
discretion, exempt.

The Council may require consultation
with the public prior to the implementation of certain water resources
development projects.

Art. 86. When plans and specifications
of a hydraulic structure are submitted for approval, the government
agency
whose functions embrace the type of project for which the structure is
intended, shall review the plans and specifications and recommend to
the
Council proper action thereon and the latter shall approve the same
only
when they are in conformity with the requirements of this Code and the
rules and regulations promulgated by the Council. Notwithstanding such
approval, neither the engineer who drew up the plans and specifications
of the hydraulic structure, nor the constructor who built it, shall be
relieved of his liability for damages in case of failure thereof by
reason
of defect in plans and specifications, or failure due to defect in plan
construction, within ten (10) years from the completion of the
structure.

Any action recover such damages
must be brought within five (5) years following such failure.

Art. 87. The Council or its
duly authorized representatives, in the exercise of its power to
investigate
and decide cases brought to its cognizance, shall have the power to
administer
oaths, compel the attendance of witnesses be subpoena duces tecum.

Non-compliance or violation
of such orders or subpoena and subpoena duces tecum
shall
be punished in the same manner as indirect contempt of an inferior
court
upon application by the aggrieved party with the proper Court of First
Instance in accordance with the provisions of Rule 71 of the Rules of
Court.

Art. 88. The Council shall
have original jurisdiction over all disputes relating to appropriation,
utilization, exploitation, development, control, conservation and
protection
of waters within the meaning and context of the provisions of this Code.

The decisions of the Council
on water rights controversies shall be immediately executory and the
enforcement
thereof may be suspended only then a bond, in a amount fixed by the
Council
to answer for damages occasioned by the suspension or stay of
execution,
shall have been filed by the appealing party, unless the suspension is
by virtue of an order of a competent court.

All dispute shall be decide
within sixty (60) days after the parties submit the same for decision
or
resolution.

The Council shall have the
power to issue writs of execution and enforce its decisions with the
assistance
of local or national police agencies.

Art. 89. The decisions of
the Council on water rights controversies may be appealed to the court
of first Instance of the province where the subject matter of the
controversy
is situated within fifteen (15) days from the date the party appealing
receives a copy of the decision, of any of the following grounds: (1)
grave
abuse of discretion; (2) question of law; (3) questions of fact and law.

CHAPTER VIII

PENAL PROVISIONS

Art. 90. The following
acts
shall be penalized by suspension or revocation of the violator's water
permit or other right to the use of water and/or a fine of not
exceeding
One thousand Pesos (P1,000.00), in the discretion of the Council :chanroblesvirtuallawlibrary

a.
Appropriation
of subterranean or ground water for domestic use by an overlying
landowner
without registration required by the Council;

b. Non-observance
of any
standard of beneficial use of water.

c. Failure of the
appropriator
to keep a record of water withdrawal when required.

d. Failure to
comply with
any of the terms or conditions in a water permit or a water rights
grant.

e. Unauthorized use
of water
for a purpose other than that for which a right or permit was granted.

f. Construction or
repair
of any hydraulic work or structure without duly approved plans and
specifications,
when required.

g. Failure to
install a regulating
and measuring device for the control volume of water appropriated, when
required.

h. Unauthorized
sale, lease,
or transfer of water and/or water rights.

i. Failure to
provide adequate
facilities to prevent or control diseases when required by the Council
in the construction of any work for the storage, diversion,
distribution
and utilization of water.

j. Drilling of a
well without
permission of the Council.

k. Utilization of
an existing
well or ponding or spreading of water for recharging subterranean or
ground
water supplies without permission of the Council.

l. Violation of or
non-compliance
with any order, rules and regulation of the Council.

m. Illegal taking
or diversion
of water in an open canal, aqueduct or reservoir.

n. Malicious
destruction
of hydraulic works or structures valued at not exceeding P5,000.00.

Art. 91. A. A fine of
not exceeding
Three Thousand Pesos (P3,000.00) or imprisonment for not more that
three
(3) years, or both such fine and imprisonment, in the discretion of the
Court, shall be imposed upon any person who commits any of the
following
acts:chanroblesvirtuallawlibrary

1.
Appropriation
of water without a water permit, unless such person is expressly
exempted
from securing a permit by the provisions of this code;

2. Unauthorized
obstruction
of an irrigation canal.

3. Cultivation of
river bed,
sand bar or tidal flat without permission.

4. Malicious
destruction
of hydraulic works or structure valued at not exceeding Twenty-Five
Thousand
Pesos (P25,000.00)

B. A fine exceeding
Three Thousand
Pesos (P3,000.00) but not more than Six Thousand Pesos (P6,000.00) or
imprisonment
exceeding three years (3) years but not more than (6) years or both
such
fine and imprisonment in the discretion of the Court, shall be imposed
on any person who commits any of the following acts:chanroblesvirtuallawlibrary

1.
Distribution
for public consumption of water which adversely affects the health and
safety of the public.

2. Excavation or
enlargement
of the opening of a hot spring without permission.

3. Unauthorized
obstruction
of a river or waterway, or occupancy of a river bank or seashore
without
permission.

4. Establishment of
a cemetery
or a waste disposal area near a source of water supply or reservoir for
domestic or municipal use without permission.

5. Constructing,
without
prior permission of the government agency concerned, works that produce
dangerous or noxious substances, or performing acts that result in the
introduction of sewage, industrial waste, or any substance that
pollutes
a source of water supply.

6. Dumping mine
tailings
and sediments into rivers or waterways without permission.

7. Malicious
destruction
of hydraulic works or structure valued more than Twenty-five Thousand
(P25,000.00)
but not exceeding One Hundred Thousand Pesos (P100,000.00)

C. A fine exceeding Six
Thousand
Pesos (P6,000.00) but not more than ten Thousand Pesos (P10,000.00) or
imprisonment exceeding six (6) years but not more than twelve (12)
years,
or both such fine and imprisonment, in the discretion of the Court,
shall
be imposed upon any person who commits any of the following acts:chanroblesvirtuallawlibrary

1.
Misrepresentation
of citizenship in order to qualify for water permit.

2. Malicious
destruction
of a hydraulic works or structure, valued at more than One Hundred
Thousand
Pesos (P100,000.00).

Art. 92. If the offense
is committed
by a corporation, trust, firm, partnership, association or any other
juridical
person, the penalty shall be imposed upon the President, General
Manager,
and other guilty officer or officers of such corporation, trust, firm,
partnership, association or entity, without prejudice to the filing of
a civil action against said juridical person. If the offender is an
alien,
he shall be deported after serving his sentence, without further
proceedings.chanrobles virtualawlibrary

After final judgment of conviction,
the Court upon petition of the prosecution attorney in the same
proceedings,
and after due hearing, may when the public interest so requires, order
the suspension of or dissolution of such corporation, trust, firm,
partnership
association or juridical person.

Art. 93. All actions for
offenses punishable under Article 91 of this code shall be brought
before
the proper court.

Art. 94. Actions for offenses
punishable under this Code by a fine of not more than Three Thousand
(P3,000.00)
or by an imprisonment of not more than three (3) years, or both such
fine
and imprisonment, shall prescribed in five (5) years; those punishable
by a fine exceeding Three Thousand Pesos ( 3,000.00) but not more than
six thousand Pesos (P6,000.00) or imprisonment exceeding three (3)
years
but not more than six years (6) years or both such fine and
imprisonment,
shall prescribe in seven (7) years; and those punishable by a fine
exceeding
Six Thousand Pesos (P6,000.00) but not more than Ten Thousand Pesos
(P10,000.00)
or an imprisonment exceeding Six (6) years but not more than Twelve
(12)
years, or both such fine and imprisonment, shall prescribe in ten (10)
years.

CHAPTER IX

TRANSITORY AND
FINAL
PROVISIONS

Art. 95. Within two (2)
years from the promulgation of this code, all claims for a right to use
water existing on or before December 31, 1974 shall be registered with
the council which shall be confirm said rights in accordance with the
provisions
of this Code, and shall set their respective priorities.chanrobles virtualawlibrary

When priority in time of
appropriation from a certain source of supply cannot be determined, the
order of preference in the use of the waters shall be as follows :chanroblesvirtuallawlibrary

a. Domestic
and
municipal use;

b. Irrigation;

c. Power generation;

d. Fisheries;

e. Livestock
raising;

f. Industrial use;
and

g. Other uses.

Any claim not registered
within
said period shall be considered waived and the use of the water deemed
abandoned, and the water shall thereupon be available for disposition
as
unappropriated waters in accordance with the provisions of this code.chanrobles virtualawlibrary

Art. 96. No vested or acquired
right to the use of water can arise from acts or omissions which are
against
the law or which infringe upon the rights of others.

Art. 97. Acts and contracts
under the regime of old laws, if they are valid in accordance
therewith,
shall be respected, subject to the limitations established in this
Code.
Any modification or extension of these acts and contracts after the
promulgation
of this code, shall be subject to the provisions hereof.

Art. 98. Interim rules and
regulations promulgated by the Council shall continue to have binding
force
and effect, when not in conflict with the provisions of this Code.

Art. 99. If any provision
or part of this Code, or the application thereof to any person or
circumstance,
is declared unconstitutional or invalid for any reason, the other
provisions
of parts therein shall not be affected.

Art. 100. The following laws,
parts and/or provisions of laws are hereby repealed:chanroblesvirtuallawlibrary

a. The
provisions
of the Spanish law of waters of August 3, 1866, the Civil Code of Spain
of 1889 and the Civil Code of the Philippines (R. A. 386) on ownership
of waters, easement relating to waters, use of public waters which are
inconsistent with the provision of the Code;

b. The provisions
of R. A.
6395, otherwise known as the Revised Charter of the National Power
Corporation,
particularly section 3, paragraph (f), and section 12, so far as they
relate
to the appropriation of waters and the grant thereof;